WESTERN IMPACT OF PROMOTING LESBIAN, GAY, BISEXUAL, TRANSGENDER AND QUEER IDEOLOGIES IN AFRICA

ABSTRACT

The LGBTQ community has faced significant challenges in Africa, where homosexuality is often stigmatized and criminalized. This study aimed to investigate the impact of LGBTQ ideologies in Africa, with a focus on their social, cultural, legal, and political consequences. A mixed-methods approach was used, combining qualitative and quantitative data collection techniques. A survey was conducted among 500 members of the community, and 25 key informant interviews were conducted with LGBTQ activists, government officials, and religious leaders.

The study found that LGBTQ ideologies have had significant impacts on the African community in the areas of social stigma and discrimination, cultural clash and rejection, legal persecution and criminalization, and political marginalization and activism. The study concludes that it is important for African societies to engage in more open and tolerant dialogue about LGBTQ issues and to work towards creating a more accepting and inclusive society that respects the rights and dignity of all individuals, regardless of their sexual orientation or gender identity.

CHAPTER ONE
INTRODUCTION

1.1 Background to Study
Public attitudes and legal protections regarding lesbian, gay, bisexual, transgender, and queer (LGBTQ) identified persons are changing rapidly in many regions, including the United States, Europe, and Latin America (Asal, Sommer and Harwood 2013, Ayoub 2016, Brewer 2003, Kollman 2007). However, across Africa, the gay community continues to face physical and rhetorical threats. Most of this backlash comes from government and religious leaders who claim that foreign, pro-gay norms are spreading across the continent. In response, governments frequently censor the media to limit the marketplace of ideas and prevent exposure to pro-LGBTQ representation.

For example, a governmental board in Kenya recently banned six cartoons for, “glorifying homosexual behavior”(Dahir 2017).
Critically, because a single cable company often provides services in several African countries, censorship in one country affects dozens of markets.

At the same time, LGBTQ activists across Africa often view the media as an important tool to advance their cause. The Pan African International Lesbian, Gay, Bisexual, Trans, and Intersex Association describes the media as a ‘key target group’ and conducts media training for member organizations (Lusimbo and Oguaghamba 2017). Activists often use online mediums to positively shift the national dialogue about same-sex rights, or to call attention to violence against LGBTQs. The persistent accusations about the media’s role in spreading pro-gay attitudes, the prevalence of media censorship across the continent, and activists’ use of media as a tool, all raise important questions about media’s influence on public opinion of gays across Africa.

At its 55th Ordinary Session in 2014, the African Commission adopted resolution 275 on ‘Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity (ACHP, 2014).
Resolution 275 builds on previous work by the ACHPR on the issue, including by the Special Rapporteur on Human Rights Defenders, the Special Rapporteur on the Rights of Women, the Special Rapporteur on Freedom of Expression and Access to Information, the Committee for the Prevention of Torture in Africa, the Committee on the Protection of the Rights of People Living With HIV (PLHIV) and Those at Risk, Vulnerable to and Affected by HIV (HIV Committee), and the Working Group on Economic, Social and Cultural Rights.

For instance, in 2011 the Commission adopted a definition of the concept ‘vulnerable and disadvantaged groups’ in the Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter, as including ‘lesbian, gay, bisexual, transgendered and intersex people’. Furthermore, in a number of promotional visits, Commissioners raised issues relating to the protection of the human rights of LGBT people (Report on Promotional Media to Namibia, 2001).
Starting in 2008, the Inter-American Commission on Human Rights (IACHR) has increasingly been addressing violence and discrimination faced by persons in the Americas, because of their perceived or actual sexual orientation, gender identity, and/or gender expression, or because their bodies differ from what is commonly considered standard for female or male.

Since then, the General Assembly of the Organisation of American States (OAS) has adopted resolutions every year condemning all forms of discrimination and violence against persons on the basis of their sexual orientation, gender identity and expression and encouraging states to promote public policies that protect LGBTI persons. In November 2011, the IACHR created a specialised Unit within its Executive Secretariat on the rights of LGBTI persons. In November 2013, the IACHR turned this Unit into a Rapporteurship on the rights of LGBTI persons and appointed a Rapporteur, effective on 1 February 2014.
Since the early 1990s, the United Nations (UN) human rights treaty bodies3 and special procedures4 have repeatedly expressed concerns in relation to the extent and severity of discrimination and violence against individuals on the basis of their sexual orientation and gender identity.

The UN High Commissioner for Human Rights, the UN Secretary-General and several UN entities, including UNAIDS, have also repeatedly made recommendations to member States to take measures to prevent and address such human rights violations. The UN Human Rights Council has adopted two resolutions expressing grave concern at such acts of violence and discrimination committed in all regions of the world (A/HRC/RES/ 17/19 and A/HRC/RES/27/32) and which, among others, requested the UN High Commissioner for Human Rights to report on the subject. The two reports submitted thus far by the High Commissioner on this issue (A/HRC/19/ 41 and A/HRC/29/23) have found evidence of a pattern of widespread human rights violations, perpetrated against persons on the basis of their sexual orientation and gender identity, too often with impunity.

Building on ACHPR resolution 275, resolutions by the OAS and UN Human Rights Council, as well as other work of the ACHPR, IACHR and UN human rights systems on addressing human rights violations committed on the basis of sexual orientation and gender identity, there is an opportunity to exchange information and share experiences and lessons learned in this area.

To support this, a dialogue on sexual orientation and gender identity was agreed between the ACHPR, IACHR and UN human rights systems, with the support of OHCHR and UNAIDS.
The dialogue was held within existing frameworks, including the 1993 Vienna Declaration and Programme of Action, the regular dialogue between UN and regional human rights mechanisms mandated by the Human Rights Council, the 2009 Memorandum of Understanding (MoU) between the OAS and the African Union (AU), the 2012 Addis Ababa Roadmap between the ACHPR and UN Special Rapporteurs and the 2014 Joint Declaration between OHCHR and the IACHR.

The dialogue aimed to facilitate the exchange and sharing of information and experiences between the three human rights systems on human rights violations based on sexual orientation and gender identity. It also discussed the evolution in the approach that each system has taken to address this thematic issue, linkages between this thematic issue and other thematic issues in the context of the protection and promotion of human rights, as well as good practices and challenges.

1.2 Statement of Problem
The LGBT movement isn’t such a novel thing on the continent. For the past 30 years, there have been calls mostly coming from the West urging Africans to provide protection and provide legislations that promote and legalise gay and lesbian culture. LGBT advocacy is mostly led by the West so the pressure to legalise same sex relationships is enormous. So many questions still remain unanswered as there is little knowledge about the legal provisions protect same sex unions, its impacts on the African way of life,
From the foregoing, the following research questions were formulated:
1. What legal provisions protect the rights of LGBTQ in some African countries?
2. What are impacts of LGBTQ activities in the continent of Africa?
3. Which organisations and individuals are pushing for the rights of LGBTQ people in Africa?
1.3 Research Objectives